Parliament’s role is to legislate: CJP

Islamabad: Chief Justice Iftikhar Muhammad Chaudhry said that role of Parliament is to legislate and keep vigilant eye on performance of the administration.

Addressing to inauguration ceremony of new judicial year here at Supreme Court on Tuesday, Chief Justice Iftikhar Muhammad Chaudhry lauded Parliament for not endorsing unconstitutional steps taken on 3 November 2007.

He said that Parliament legislates and keep vigilant eye on administration’s performance. He said that tangible steps have been taken to remove corruption from judicial system.

He said that no body could raise finger against honesty of high courts but unfortunately corruption could not be controlled in subordinate judiciary.

He asked people and lawyers to point out corrupt elements in judiciary so that action could be taken against them.

He said that democratic system is comprised of supremacy of law, basic rights and media freedom. He said that the courts always make decisions in country’s great interests while the same process would continue

He said that constitution ensures freedom of judiciary and objectivity. He said that last year Supreme Court made historical decisions while verdict regarding 18th constitutional amendment case was historic decision.

He said that last year subordinate judiciary settled 30 lac cases and Supreme Court settled 24,000 cases.

2 comments on “Parliament’s role is to legislate: CJP”

There are no two opinions on allowing a state institution to transgress its powers or misuse them for any vested interest. However, the same rule should be applied to the superior judiciary as well. CJ Chaudhry raised a pertinent point by saying that “any act contrary to
law or the constitution is ultra vires of the constitution”. Going by this statement, the Supreme Court may wish to revisit the hearing of petitions against the 18th Amendment that has already been passed by parliament. CJ Chaudhry himself admitted that the superior courts’ judges are under oath to “preserve, protect and defend the constitution”. Thus the respected judiciary should be careful not to give an impression of going against the constitution and wasting the court’s precious time in hearing petitions that have no space according to the law of the land. As per Article 239(5) of our constitution “No amendment of the Constitution shall be called in question in any court on any ground whatsoever.” “Physician, heal thyself” is an old adage and can be applied to the judiciary too, which should respect the fact that in a democratic country, parliament is supreme and its constitutional amendments cannot be challenged. As per country’s constitution high courts cannot take suo motto notices. This constitutional violation by the courts is being carried day in and day out but nobody not even media raises its voice against this flagrant constitutional violation. If the superior judiciary, at any point in time, thinks that a state institution is crossing its constitutional limits, it can give a
verdict or suggestion to correct the matter. The independence of the judiciary is an integral part of the state system, but that independence too must be exercised with responsibility.

At least Chief Justice (CJ) of Pakistan Iftikhar Chaudhry has realized
that every institution should work within its ambit, if CJP could
remember Government has stressed the same thing in near past and it is
the only way out for better future of Pakistan. CJ Chaudhry is right
in asking all state institutions to stay within their limits. What is
worrying though is the use of the word ‘intervene’ as he said and “if
any institution crosses its limits, then the judiciary has the
authority to intervene”. . For the past few weeks, the country has
been up in arms because of MQM chief Altaf Hussain’s open call for
military intervention. That furore had hardly died down and now CJ
Chaudhry has talked of judicial intervention. Issuing such statements
at this point in time may create further unnecessary panic in an
already grief-stricken country. Since the 2008 elections, the
incumbents have been engulfed in one crisis or another while the
anti-democratic forces are at work to destabilise this government.
After nine years of rule by a military dictator, we should be glad to
have a people’s representative government back in our midst. Instead,
we have been giving it a hard time. When we are going to realize the
importance of democracy, there will be no cry over split milk, we had
no time for another experience. Democracy is the only way out.